WASHINGTON, June 21, 2008

Bush Refuses To Release EPA Documents

Executive Privilege Cited Again Over Papers Tied To Administration's Air Quality Policies

  • Photo

     (AP / CBS)

  • Interactive Air Pollution

    Explore air pollution throughout the US and and find out which cities have the worst air quality.

(AP)  President Bush asserted executive privilege Friday to withhold documents from a congressional investigation into whether he pressured the Environmental Protection Agency to weaken decisions on smog and greenhouse gases.

White House officials notified a House committee of the rare assertion about 15 minutes before the committee was to vote on holding the head of the EPA and a White House budget official in contempt of Congress for not providing the documents.

The committee's chairman, Rep. Henry Waxman, D-Calif., then canceled the vote while expressing skepticism over the privilege claim.

"I have a clear sense that their assertion of this privilege is self-serving and not based on the appropriate law and rules," Waxman said from the dais of the House Oversight and Government Reform Committee hearing room.

"I don't think we've had a situation like this since Richard Nixon was president when the president of the United States may have been involved in acting contrary to law, and the evidence that would determine that question for Congress in exercising our oversight is being blocked by an assertion of executive privilege," he said.

Waxman said he wanted to review Attorney General Michael Mukasey's rationale for the executive privilege claim before deciding what to do next. He said he would not abandon his attempts to get what he wants from EPA Administrator Stephen Johnson and Susan Dudley, administrator for information and regulatory affairs at the White House Office of Management and Budget.

Executive privilege, while not explicitly mentioned in the Constitution, is grounded in the constitutional doctrine of separation of powers and is sometimes invoked to keep executive branch deliberations private.

Mr. Bush has also asserted executive privilege to keep his chief of staff, Josh Bolten, and former White House counsel Harriet Miers from having to provide information to Congress about the firing of a group of U.S. attorneys in what Democrats consider a political purge.

In February the Democratic-led House voted to hold Miers and Bolten in contempt of Congress despite the assertion of executive privilege. When Mukasey refused to refer the contempt citations to a federal grand jury, the House Judiciary Committee sued in federal court to enforce them, arguing that Bush was making an overly broad use of executive privilege.

Waxman contends the White House intervened with EPA to produce more industry-friendly outcomes in setting new smog standards and denying California and more than a dozen other states permission to cut greenhouse gas emissions from cars and trucks.

EPA and White House officials have turned over thousands of pages of documents in response to Waxman's subpoenas, but Waxman contends they are keeping back some that would clearly reveal President Bush's role.

These include documents about Mr. Bush's participation in the smog decision, talking points on the smog rule for Johnson to use with Mr. Bush, and communications about preparing talking points for Mr. Bush to use in discussing the greenhouse gas waiver with California Gov. Arnold Schwarzenegger.

These documents and others are referenced in a June 19 letter from Mukasey to Mr. Bush supporting a claim of executive privilege to block their release. The letter was provided Friday to Waxman's committee.

"I believe that publicly releasing these deliberative materials to the committee could inhibit the candor of future deliberations among the president's staff in the (Executive Office of the President) and deliberative communications between the EOP and executive branch agencies, particularly deliberations concerning politically charged issues," Mukasey wrote.

"Accordingly, I conclude that the subpoenaed materials at issue here fall squarely within the scope of executive privilege."

A congressional committee can overcome an executive privilege claim if the documents in question are critical to fulfilling its functions, Mukasey said, but he argued that's not the case here. He cited the many documents Waxman already has received and the conclusions he's been able to draw from them.

On the smog issue, EPA and White House officials have acknowledged that only hours before the rule was announced in March, Bush intervened directly on behalf of White House staff who opposed a tougher standard to protect the environment from smog.

On the California greenhouse gas issue, Waxman's committee staff produced a report last month concluding from interviews with high-level EPA officials that Johnson initially supported giving California full or partial permission to limit tailpipe emissions - but reversed himself after hearing from the White House. Waxman contends such intervention by the White House could be illegal since the outcome, according to Waxman, runs contrary to the Clean Air Act.

More than a dozen other states were also blocked from implementing the tailpipe emission limits after Johnson rejected California's request for a required federal waiver in December.

© MMVIII, The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

Video and Galleries from U.S.

Add a Comment See all 364 Comments
by toldyouso12 June 21, 2008 1:12 PM PDT
Both Schumer and Feinstein should be thrown out of office for helping to orchestrate the new Gonzales that Mukasey has turned out to be--get into power. The President is committing crimes and continues to assure he can technically get away with such crimes, by continuing to hire (and have affirmed) persons in the US Attorneys'' office who aid and abet his actions.

The only reason both Mukasey, Cheney and Bush are not impeached is that Congress has no backbone--at least if the articles were brought--neither Muck-I say or Bush would have any say in what was withheld or released to Congress.
Reply to this comment
by mcvet June 21, 2008 1:12 PM PDT
How long are WE the People to put up with this pathetic little nazi and his abuse of the office of President. It''s so obvious what happened here and NOTHING I can think of is MORE a matter of Treason than making decisions based on PROFIT rather than on Promoting the GENERAL Welfare! It''s time for this piece of Sludge, HE IS NOT HUMAN FOLKS, to be put behind bars! Enough is enough!! Sieg Heil Bush
Reply to this comment
by deacon20081 June 21, 2008 1:14 PM PDT
What will this administration not claim as "Executive Priviledge" CBS where is the coverage of the Bush Impeachment issue?
Reply to this comment
by cbsblogger June 21, 2008 1:14 PM PDT
Who do these guys work for...the people or themselves and their own political interests?
Reply to this comment
by jw218389 June 21, 2008 1:17 PM PDT
IMPEACH NOW!!!!!!

AND I WANT MY 1 TRIILION DOLLARS BACK THAT BUSH GAVE TO HIS OIL FRIENDS!!!!!

Reply to this comment
by deacon20081 June 21, 2008 1:18 PM PDT
The democrats and those honest patriotic republicans that are left......if there are any; had better get it together and Impeach Bush and Cheney and jail the rest for not complying with the Law. George Bush is not above the law. Nancy Pelois has better re-think her "impeachment is not on the table" spiel.
Impeach or loose in November Elections.
Reply to this comment
by hermitdave June 21, 2008 1:32 PM PDT
Come on Henry you know spoiled rich kids playing president pay no attention to authority. Now shut up and follow Nancy and Reid in letting Uncle Richard and the rent a cow ranch cowboy have their way.
Reply to this comment
by kennedy7955 June 21, 2008 1:54 PM PDT
Someone should tell Bush that executive privilege is not the same as taking the 5th.

Bush was heard saying that he didn''t care if nobody supported him except his wife and dog.

You got your wish Mr. President.
Reply to this comment
by jerr11 June 21, 2008 2:02 PM PDT
Impeachment is too good for this Liar-in-Chief!

Read "The Prosecution of George W Bush for Murder"

by Vincent Bugliosi.

Former LA Deputy DA Mr. Bugliosi is familiar with pathological minds. He successfully prosecuted over 100 murder cases including Charles Manson.
Reply to this comment
by shoebox119 June 21, 2008 2:05 PM PDT
The most secretive administration in U.S. history continues its reckless disregard for the Constitution on its hot pursuit of converting the presidency into a monarchy.

King George continues to ignore Congressional oversight, makes every attempt to bypass Judicial review, and slams the door tightly shut on every open records law on the books.

All the while, the ignorant neocons stand by and cheer Cheney''s puppet while our country''s strength and greatness rapidly disappears in a bottomless abyss.
Reply to this comment
by cdfoxtrot June 21, 2008 2:17 PM PDT
How on earth did this great country get saddled with such a slimy, scummy Administration? This is all the more reason NOT to have a Bush III presidency.
Reply to this comment
by steeepe June 21, 2008 2:21 PM PDT
Of course he did! He''s got criminal activities to hide. I only hope that when he''s out of office, other countries will issue warrants for his arrest. The Democrats are too timid to bring him to justice.
Reply to this comment
by neobrian-2009 June 21, 2008 2:22 PM PDT
BURN the SHRUB """"" NOW """"""""
ENOUGH is ENOUGH !!!!!!
TREASON,LIES,Criminal Charges Need To be FILED !
THIS POS should be made inhale the air that he he pollutes,.Should Be Made to drink the water he pollutes !Should be made to listen to the FAUX NOISE !
IMPEACH the Resident !!! HANG `em HIGH!! SHRUB is ABSOLUTELY the WORST human being to EVER OCCUPY the White House ! NIXON is a Choir Boy compared W ith SHRUB !!!!! BURN This WEEDY OUTGROWTH of the republiCon sect,..pre-emergent Wcide combined with post-emergent CriminalASSault should Eradicate this W eed FOREVER !
Reply to this comment
by neobrian-2009 June 21, 2008 2:33 PM PDT
A Typical Shrubbie
Why don''''t we knit the hairs''''a my azzz to the hairs come''''n out yer noses?

Posted by sidvicious99 at 02:27 PM : Jun 21, 2008
Not intelligent enough to do Anything,But Show the world that she`s " Smelly,Dirty,and an embarrassment "to the bulldog who pushed her out of her womb to keep from dying from an incurable Disease," Fecalbrainretentitus "
Reply to this comment
by shoebox119 June 21, 2008 2:36 PM PDT
You liberals think yer pretty hot shyyyt, doncha.. Ya think ya command this weirdo psycho say-all accuse-all liberal legal lobby.. doncha. Yer just a buncha ******** floozies. Thats all.

Posted by sidvicious99

It''s certainly understandable why you defend this man. For one thing, you both articulate your thoughts so convincingly.
Reply to this comment
by shoebox119 June 21, 2008 2:38 PM PDT
You liberals think yer pretty hot shyyyt, doncha.. Ya think ya command this weirdo psycho say-all accuse-all liberal legal lobby.. doncha. Yer just a buncha ******** floozies. Thats all.

Posted by sidvicious99


One can see why you''re so willing to defend this man... you both articulate your thoughts so convincingly.
Reply to this comment
by lemonskink June 21, 2008 2:39 PM PDT
The EPA is an agency who is supposed to work for the citizens of the nation. Executive priviledge should in no way be applicable. Bush is a stone faced liar along with the rest of his sleazy minions. Just another addition to the list of impeachment charges brought up against him.
Reply to this comment
by neobrian-2009 June 21, 2008 2:46 PM PDT
I`m just trying to be like my dad,rushlimpdicck
Thats all.

Posted by sidvicious99 at 02:24 PM : Jun 21, 2008
Reply to this comment
by komoncents June 21, 2008 2:46 PM PDT
You liberals think yer pretty hot shyyyt, doncha.. Ya think ya command this weirdo psycho say-all accuse-all liberal legal lobby.. doncha. Yer just a buncha ******** floozies. Thats all.
Posted by sidvicious99

How narrow minded and stupid can one person be? To attack any group of folks for not their beliefs, but for their truth based in fact, in this case liberals, shows an embarrassing lack of intellectual capacity along the lines of a Forest Gumpian mentality.

I''d think you''d want to avoid embarrassing yourself with your repeated moronic posts but "Stupid is as stupid does". Stick yur hed in the sand and hide from reality all u want, only makes u look foolish.
Reply to this comment
by ioweign June 21, 2008 2:51 PM PDT
Bush Refuses To Release EPA Documents

Executive Privilege Cited Again Over Papers Tied To Administration''s Air Quality Policies


Huh - tell George we want to draw blood for a drug test and I bet he goes AWOL again...

Reply to this comment
by trillion1 June 21, 2008 2:58 PM PDT
Executive Privilege is pure BS. bush uses it everytime he has to cover-up for some lacky he''s appointed.
Reply to this comment
by komoncents June 21, 2008 3:14 PM PDT
What''s really frightening about this and other Bush criminal behavior is the lack of unified response by the Democrats to put a stop to it.

I''d geuss they''re all in on it together. Seems to be no other reasoning that makes sense.
Reply to this comment
by barocalto June 21, 2008 3:15 PM PDT
I love it when Bush claims executive orders when congress demands records, information etc... It serves as a reminder that the executive branch of the government doesn''t work for the congress and it doesn''t need to let congress in on the inter-working of it''s administration and by the way that''s the same reason Bill Clinton claimed executive orders and did it more times then Bush has so far.
Reply to this comment
by watcher269-2009 June 21, 2008 3:18 PM PDT
Fasten your seatbelts everyone! You will definitely be seeing more of this in the NEAR future.

I''m not anti-Bush - I''m Pro Intelligence!
Reply to this comment
by June 21, 2008 3:18 PM PDT
Hey CBS, love the picture of the sorry little coward.
Reply to this comment
by barbaraf4 June 21, 2008 3:20 PM PDT
For crying out loud, what are they hiding now?
Reply to this comment
by barocalto June 21, 2008 3:20 PM PDT
Now I''ll give you the fact the GW Bush has not been a good President. BUT the worst President in the last 100 years is and will be forever JIMMY CARTER... We have the problems we have today in the middle east in a large part due to Jimmy and I could go on but enough said Carter just Sucked.
Reply to this comment
by komoncents June 21, 2008 3:20 PM PDT
I love it when Bush claims executive orders when congress demands records, information etc... It serves as a reminder that the executive branch of the government doesn''''t work for the congress and it doesn''''t need to let congress in on the inter-working of it''''s administration and by the way that''''s the same reason Bill Clinton claimed executive orders and did it more times then Bush has so far.
Posted by Barocalto at 03:15 PM : Jun 21, 2008

You love it when your leaders hide information from you? Hiding from the truth won''t make it any easier to handle. Must make it hard to live a normal life with a Don''t tell, I won''t ask, mentality.
Reply to this comment
by scoleridge-2009 June 21, 2008 3:22 PM PDT
Sid Vicious was a lousy bass player, drug addict and died of heroin overdose, not your typical homopedophilic Conservative Republicans.
Reply to this comment
by barocalto June 21, 2008 3:47 PM PDT
Posted by komoncents at 03:20 PM : Jun 21, 2008
You love it when your leaders hide information from you? Must make it hard to live a normal life with a Don''''t tell, I won''''t ask, mentality.

Sorry, but unlike Korea we don''t have Great Leaders or Leaders we have elected officials and the President is elected by the people not by a vote of congress and therefore he doesn''t need to let congress in on all the inter-working of his or her administration. Since I don''t look to Washington for leadership my life is pretty good, how''s yours???
Reply to this comment
by barocalto June 21, 2008 3:48 PM PDT
Posted by komoncents at 03:20 PM : Jun 21, 2008
You love it when your leaders hide information from you? Must make it hard to live a normal life with a Don''''t tell, I won''''t ask, mentality.

Sorry, but unlike Korea we don''t have Great Leaders or Leaders we have elected officials and the President is elected by the people not by a vote of congress and therefore he doesn''t need to let congress in on all the inter-working of his or her administration. Since I don''t look to Washington for leadership my life is pretty good, how''s yours???
Reply to this comment
by pvperson June 21, 2008 3:56 PM PDT
"For crying out loud, what are they hiding now?".....everything, every minute miniscule moment of this nefarious outlaw administration. Impeachment is to good for Bush/Cheney and the whole pack of thieves they''ve surronded themselves with.
Reply to this comment
by cyberus-2009 June 21, 2008 3:59 PM PDT
I foresee a future bill limiting this krap coming to congress.
Reply to this comment
by komoncents June 21, 2008 3:59 PM PDT
Sorry, but unlike Korea we don''''t have Great Leaders or Leaders we have elected officials and the President is elected by the people not by a vote of congress and therefore he doesn''''t need to let congress in on all the inter-working of his or her administration.
Posted by Barocalto at 03:47 PM : Jun 21, 2008

Have you heard of the term "Transparency". It''s used to avoid the appearance of impropriety, which it would seem we have all too much of in the Bush empire, quite similar to North Korea.

Those of you without enquiring minds enable the criminality taking place, so you''re actually defending his ability to lie to us. North Korea would gladly welcome you to the slavepen.
Reply to this comment
by ajaxtheleast June 21, 2008 4:00 PM PDT
A WAR CRIME !?? DONT BE RIDICULOUS !!

SO HE DID A WAR CRIME! IT''S NOT LIKE HE

DID TWO WAR CRIMES OR THREE WAR CRIMES !!

"ONE" WAR CRIME!....NOT ENOUGH, MAN !!!

SHOW ME SOMETHING !! . . .

SHOW ME ABOUT THIS EPA THING !!

PROVE HE''S HIDING STUFF ABOUT THE EPA

THEN I''LL SAY BUSH IS A BAD MAN !!!

YES SIR! I''M A FAIR-MINDED MAN!

SHOW ME !
Reply to this comment
by barocalto June 21, 2008 4:10 PM PDT
Those of you without enquiring minds enable the criminality taking place, so you''''re actually defending his ability to lie to us. North Korea would gladly welcome you to the slavepen.
Sorry but no one is lying here... That''s not what the story was all about it''s about Bush using executive privilege. You''ve bought into the Bush lied way too hard. And if you want to feed your inquiring mind I suggest you study spelling and punctuation. By the way I told you my life was pretty good you didn''t tell me how yours was.
Reply to this comment
by jumkey June 21, 2008 4:13 PM PDT
s''ok Georgie, have your fun.

President Obama with be happy to release it for you.

Wait and see what we do with you fascist scumbags when we get in power.

I''m think Guantanamo should stay open just a little bit longer.....
Reply to this comment
by komoncents June 21, 2008 4:13 PM PDT
SHOW ME !
Posted by ajaxtheleast at 04:00 PM : Jun 21, 2008

No problem! Find the tapes of the ground audio recorded live before the twin-towers fell. Listen to a New York Fire Captain telling his men building #7 was going to be brought down. Listen to Mayor Juliano 20 min before tower #1 fell telling his people that the tower was coming down.

And then find the missing airplane wreckage at the supposed pentagon attack. Since it''s about the size of a football field, it shouldn''t be that hard to find!

Then read the commission report in which they totally ignore both the Fire Captain and Mayor Juliano''s statements.

You should certainly empower these folks to keep secrets if you cant handle the truth.

Reply to this comment
by faulpelz-2009 June 21, 2008 4:23 PM PDT
Eek, what''s with the capital letters? You don''t need to scream to protect your great Prez. Hell, we, and ''we'' includes Republicans and Dems, have all ready canned the slacker. Of all the Republican Presidents I ever voted for, Bush is the sleaziest, most arrogant potentate I''ve ever had the unfortunate opportunity to witness. I''m beginning to believe he invented the word slcker. If you really want one absolute claim to Bush''s lackadaisical fame, it''s slacker. He''s a rich boy-of-privilege who has never done an honest hard days work in his life and it shows, bub, it really shows when he fall''s behind that Faust mask of his and proclaims executive privilege is better than getting caught red-handed.
Reply to this comment
by barocalto June 21, 2008 4:25 PM PDT
Posted by komoncents at 04:13 PM : Jun 21, 2008
So you''re a conspiritist, now that explains a lot. Good luck in your world but the twin towers have nothing to do with this story....
Reply to this comment
by jmurrieta1 June 21, 2008 4:25 PM PDT
The Chimp in Chief sure thinks he''s a little Napoleon! The strutty little bantam rooster with the room temperature IQ may get his comeuppance one of these days...let us pray.
Reply to this comment
by komoncents June 21, 2008 4:29 PM PDT
That''''s not what the story was all about it''''s about Bush using executive privilege. Posted by Barocalto at 04:10 PM : Jun 21, 2008

But the greater meaning is that Bush hides his lies behind executive privilege, thats the whole point.

Or maybe you failed to read the front page of every newspaper in the world when they finally exposed over 900 lies told by the Bush administration to justify taking us to war!

And you still want to take his word for it?

Trusting a proven liar proves gullibility. Some seem to have an unlimited supply.


Reply to this comment
by pr_boxer June 21, 2008 4:30 PM PDT
aren''t you proud you voted for a guy who must hide everything he does?

Executive Privilege is first of all,is not in the Constitution, its just a precedent that was originally to be used in National Security Cases. This is one more reason Bush should be removed from office.
Reply to this comment
by smurfcrusher June 21, 2008 4:33 PM PDT
Time.... All in good time. There are too many good people too determined to root out evil, to let the truth remain hidden for long.

All of this behavior fits the pattern I saw years ago.

It was too much for Scott McClellan to take, it is too much for people of conscience to take. They will talk in time, and I will be listening with disgust at what this administration has done.

Reply to this comment
by faulpelz-2009 June 21, 2008 4:37 PM PDT
If you remove Bush from office, you''ll have another criminally insane hack riding horseback in Southern Texas. How many do you think we need out here?
Reply to this comment
by hissteps4u June 21, 2008 4:41 PM PDT
Bush is destroying the Republican party just fine all by himself I am afraid. As a Republican I am very tired of the Bush antics and the way in which he uses his power. Carter was a not so effective President but will pale in compairson to Bush once it all comes time.

Obama has my Vote now I would not trust McCain with a wooden nickle.... Vet or no he is not going to change a thing and I am sick of washington politics as is..

BRING ON TERM LIMITS!!!!!!!!!!!!!!!!!!!!!!!!!
Reply to this comment
by beehive21-2009 June 21, 2008 4:46 PM PDT
Impeach Bush,and we thought Nixon was bad ?
Reply to this comment
by pollroller1 June 21, 2008 4:54 PM PDT
Monday night wrestling at it''s best LOL

Reply to this comment
by June 21, 2008 5:03 PM PDT
OK, and we are surprised about this, why?
Reply to this comment
by element51 June 21, 2008 5:17 PM PDT
I know I''m gonna catch helll for saying this but I''m sick and tired of the bashing that Jimmy Carter takes. It is true that he was not the most effective president we ever had but to say that he was worse than bush is just ridiculous. He came into office during a rough time and there were events that took place that were poorly handled. But, Carter was an honest man and tried to level with the American people. He tried to warn us about the impending oil situation and then Ronnie Raygun came along and those warnings were quickly forgotten as we all rushed to embrace Raygun''s "trickle down economics" that would surely save us all. Then de-regulation started and look where we are now. Raygun gets a pass on everything he screwed up and you call Carter a loser. Read your history and try to get the facts straight before condeming a decent honest man.
Reply to this comment
See all 364 Comments
  • MOST POPULAR
  • Viewed
  • Commented
Latest News
Featured Blogs